In Vanda Pharmaceuticals Inc. v. West-Ward Pharmaceuticals Int’l Ltd., a divided panel of the Federal Circuit upheld Vanda’s personalized method of treatment claims relating to its Fanapt® (iloperidone) product against a patent eligibility challenge. Interestingly, where the district court had found the claims eligible at step two of the Mayo/Alice analytical framework, the Federal Circuit found them eligible at step one. Chief Judge Prost filed a dissenting opinion.
(The Federal Circuit addressed several important issues in its decision. This article focuses on patent eligibility.)